The Government have published their second draft legislation on the proposed Biodiversity Net Gain (BNG) framework, with the six statutory instruments proposed to become live in January 2024 for major developments and April 2024 for smaller sites.
The six proposed statutory instruments are as follows:
- The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2023
- The Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2023
- The Biodiversity Gain Site Register Regulations 2023
- The Biodiversity Gain Requirements (Exemptions) Regulations 2023
- The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2023
- The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024
Developers will need to ensure that they show a mandatory gain of 10% or more, it is thought that some Local Planning Authorities (LPA) may request a higher percentage. This 10% will need to be achieved by either onsite, off-site or with statutory credits.
More information can be found – https://defralanduse.blog.gov.uk/2023/11/29/the-biodiversity-net-gain-statutory-instruments-explained/
If you would like to discuss BNG opportunities, please do not hesitate to contact one of our offices.
Abigail Lewis